The Madras High Court notified the Madras High Court Intellectual Property Rights Division Rules, 2022, on April 5, 2023, which provide for an Intellectual Property Rights Division (IPD) for dealing with Intellectual Property Rights (IPR) matters, including civil suits, original applications, petitions, appeals and other cases under IP statutes such as the Trade Marks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970, etc. The IPD of Madras High Court is set to be inaugurated today, i.e. April 12, 2023.
It has been done in line with the recommendations of the Intellectual Property Committee and considering the abolition of the Intellectual Property Appellate Board (IPAB) in accordance with provisions of the Tribunal Reforms Act, 2021.
Apart from specifying the matters which would constitute IPR disputes, the rules lay down the procedure to be followed in filing applications, petitions, and appeals and describe the manner in which the same would be disposed of.
The court fees payable for proceedings before the IPD are listed in Schedule I of the rules; however, it is clarified that litigants need not pay a fresh or additional fee for transferring matters pending under IPAB to IPD.
The rules would be effective from the date as may be notified by the Madras High Court in the Official Gazette.